Pakistan Occupational Health
and Safety Act 2018
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
Pakistan Occupational Health and Safety Act 2018
An act to ensure safe and healthy working conditions for the people at work; by authorizing
enforcement of the rules and regulations developed under the Act; by assisting and encouraging
the organizations, institutions and geographic areas governed by the federal government in their
efforts to ensure healthy and safe working conditions; by providing for research, information,
education, and training in the field of occupational health and safety.
1. Short title, extent and commencement. --(1) This Act, shall be called the Pakistan Occupational Health and Safety Act 2018
(2) Ministries, divisions, departments organizations, Institutions and geographical areas
directly governed by the Federal Government
(3) It shall come into force at once.
2. Objectives — The main objective of this Act is to provide for a balanced and nationally consistent
framework to secure the health and safety of workers and workplaces by:
(1) protecting workers and other persons against harm to their health, safety and welfare
through the elimination or minimization of risks arising from work or from specified
types of substances or plant; and
(2) providing for fair and effective workplace representation, consultation, Co-operation and
issue resolution in relation to work health and safety; and
(3) encouraging unions and employer organizations to take a constructive role in promoting
improvements in health and safety practices at work and assisting persons conducting
businesses or undertakings and workers to achieve a healthier and safer working
environment; and
(4) promoting the provision of advice, information, education and training in relation to work
health and safety; and
(5) securing compliance with this Act through effective and appropriate compliance and
enforcement measures; and
(6) ensuring appropriate scrutiny and review of actions taken by persons exercising powers
and performing functions under this Act; and
(7) providing a framework for continuous improvement and progressively higher standards
of health and safety at work and
(8) Maintaining and strengthening the national harmonization of laws relating to work health
and safety and to facilitate a consistent national approach to work health and safety in this
jurisdiction.
3. Definitions. —In this Act, unless there is anything repugnant in the subject or context,
(i)
“Accident” means an event that causes any person to be harmed;
(ii)
“bodily injury” includes physical or mental injury to a person at workplace. ;
(iii)
“code of practice” means a set of rules relating to the methods to be applied or the
procedure to be adopted in connection with the construction, installation, testing,
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
operating, or use of any article, apparatus, instrument, device or process at
workplace;
(iv)
“competent” means as person who by virtue of education, training and
experiences has the necessary ability and skills to undertake the job;
(v)
“contractor” means any person or a body, whether incorporated or not, who
contracts with a principal to carry out the whole or any part of any work
undertaken by the principal in the course of or for the purpose of the principal’s
trade or business; and includes sub-contractor and sub-contractor for labor;
(vi)
“Council” means the Pakistan Safety Council established under this Act.
(vii)
“contravention” includes, in relation to any provision, a failure to comply with
that provision, and the expression “contravene” shall be construed accordingly;
(viii)
“construct” includes assemble, erect, reconstruct, reassemble and re-erect;
(ix)
“due diligence” means doing all acts that are reasonably practicable;
(x)
“duty holder” means a person with duty in relation to health and safety as
provided under this Act;
(xi)
“department” means the administrative unit of the Public Service that is, under the
Minister, responsible for the administration of this Act;
(xii)
“dangerous incident” means an incident in relation to a workplace that exposes a
worker or any other person to a serious risk to a person's health or safety
emanating from an immediate or imminent exposure to—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
an uncontrolled escape, spillage or leakage of a substance; or
an uncontrolled implosion, explosion or fire; or
an uncontrolled escape of gas or steam; or
an uncontrolled escape of a pressurized substance; or
electric shock; or
the fall or release from a height of any plant, substance or thing; or
the collapse, overturning, failure or malfunction of, or damage to, any plant
that is required to be authorized for use in accordance with the regulations;
or
the collapse or partial collapse of a structure; or
the collapse or failure of an excavation or of any shoring supporting an
excavation; or
the inrush of water, mud or gas in workings, in an underground excavation
or tunnel; or
the interruption of the main system of ventilation in an underground
excavation or tunnel; or
other event prescribed by the regulations, but does not include an incident
of a prescribed kind
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(xiii)
(xiv)
(xv)
“demolition” includes deconstruction
“design” in relation to plant, a substance or a structure includes—
(a) design of part of the plant, substance or structure; and
(b) redesign or modify a design;
“establishment” means any business, trade, profession, service, office, firm,
factory, society, undertaking, company, educational institution, hospital, shop,
premises, enterprise or organization of what so ever nature or a mine which
employs workmen directly or through a contractor for the purpose of carrying out
any business, industry or excavation and includes all its departments and
branches, whether situated at the same place or at different places;
(xvi)
“employer” means a person engaged in a business affecting commerce who has
employees, but does not include the Federal or any Province.
(xvii)
“employee” means an employee of an employer who is employed in a business of
his employer which affects commerce.
(xviii)
“factory” means any premises, including the precincts thereof, where on five or
more workers are working on any day of the proceeding twelve months, and in
any part of which a manufacturing process is being carried on or is ordinarily
carried on with or without the aid of power;
(xix)
“fail” includes refuse; and “failure” includes refusal;
(xx)
"Federal Agency" means the National Occupational Health and Safety Directorate
established under section 6, or any Government Agency, local council or local
authority exercising the powers and functions of the Federal Agency;
(xxi)
"Government Agency" includes;
(a) a division, department, attached department, bureau, section, commission, board,
office or unit of the Federal Government or a Provincial Government
(b) a developmental or a local authority, company or corporation established or
controlled by the Federal Government or Provincial Government; and
(c) a Provincial OHS Directorate; and
(d) (d) any other body defined and listed in the Rules of Business of the Federal
Government or a Provincial Government.
(xiii) “Harm’ means:-
(xxii)
(a)
Illness, Injury, or both; and
(b)
Includes physical or mental harm caused by work-related stress.
“Hazard” means any activity, arrangements, circumstances, events, occurrences,
phenomenon, processes, situations, or substances (Whether arising or used within
or outside a place of work) that is an actual or potential cause or source of harm;
and includes:
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(a)
A situation where a person’s behavior may be an actual or potential cause
or source of harm to the person or other persons and;
(b)
a situation described in sub paragraph- (i) resulting from physical or
mental fatigue, drugs, alcohol, traumatic shock, or another temporary
condition that affects a person’s behavior.
(xxiii)
“health” means free from illness, disease or injury attributes to occupational
causes;
(xxiv)
“imminent danger” means any hazard or condition that could reasonably be
expected to cause injury or illness to a person exposed before the hazard or
condition can be corrected;
(xxv)
“machinery” means an engine, motor or other appliances that provides mechanical
energy derived from compressed air, the combustion of fuel, electricity, gas,
gaseous products, steam, water, wind, or any other source; and includes:
(a)
Any plant by/to which the motion of any machinery is transmitted; and
(b)
A lifting machine, a lifting vehicle, a machine whose motive power is
wholly or partly generated by the human body, and a tractor,
(xxvi) “maintained”
means maintained in an efficient state, in efficient working order, in
good repair, and in an up- to-date manner;
(xxvii)
“mine” means any workplace where any operations for the purpose of searching
for obtaining minerals from earth crust (sea and land) has been or is being carried
on, and includes all works, machinery, plants, compressing units and drilling rigs,
weather above or below ground, in or adjacent to or belonging a mine
(xxviii) “near
miss” means might have caused harm to any person in slightly different
circumstances
(xxix)
“notifiable incident” means— the death of a person; or a serious injury or illness
of a person; or a dangerous incident.
(xxx)
“occupational disease” is a health problem caused by exposure to a workplace
health hazard as prescribed under the Workmen Compensation Act 1923.
(xxxi)
“occupational health” means not merely the absence of disease or infirmity but
also includes the physical, mental, and social elements affecting health which are
directly related to safety, hygiene and welfare at work and includes occupational
medicine and biological monitoring;
(xxxii)
“order” means an order made by the Government under this Act for specific
purpose, for a specific period of time and published in the Government Gazette;
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(xxxiii) “owner”
means the person for the time being receiving the rent of the premises of
the tools, machinery, equipment or substance for use at work in connection with
which the word is used, whether on the account of that person or as agent or
trustee for any other person, or who would so receive the rent if the premises
where let to a tenant, or tools, machinery, equipment or substance hired to another
person;
(xxxiv) “person
in control of a workplace” means the person who has ultimate control
over the workplace, it may or may not include the employer, contractor, lessor,
tenant, or managing agent;
(xxxv)
“possible practices” or “possible practicable measures” mean all risk prevention
measures unless the cost of those prevention measures is disproportionate to the
risk;
(xxxvi) “plant” includes:
(a).
(b).
(c).
(xxxvii)
“premises” means any place, and in particular, includes:
(a).
(b).
(c).
(d).
(xxxviii)
(xxxix)
(xl)
any machinery, equipment, appliance, container, implement and tool;
anything fitted or connected to any of those things;
any component of any of those things; and
Any land, building or part of any building;
Any vehicle, watercraft or aircraft;
Any installation on land (including the foreshore and other land
intermittently covered by water), any offshore installation, and any other
installation (whether floating, or resting on the seabed or the subsoil
therefore or resting on other land covered with water or the subsoil
therefore); and
Any tent or moveable structure;
“prescribed” means prescribed by rules, regulations or bye-laws;
“rules & regulations” means Rules and regulations made under this Act;
“risk” means the probability of occurrence of injury or damage;
(xli) "safe" means
free from any hazard;
"self-employed person" mean an individual who works for gain or reward
otherwise than under a contract of employment, whether or not that person
employs others;
(xlii)
"supplier means person who provides for fee or reward, whether on hire or
otherwise;
(xliii)
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
“substance” means any natural or artificial substance, whether in the form
of a solid, liquid, gas or vapor;
(xliv)
‘serious injury or illness” of a person means an injury or illness requiring
the person to have—
(a).
immediate treatment as an in-patient in a hospital; or
(b).
immediate treatment for—
(xlv)
(i)
the amputation of any part of his or her body; or
(ii)
a serious head injury; or
(iii)
a serious eye injury; or
(iv)
a serious burn; or
(v)
the separation of his or her skin from an underlying tissue (such as
scalping); or
(vi)
a spinal injury; or
(vii) the loss of a bodily function; or
(viii) serious lacerations; or
(c).
medical treatment within 48 hours of exposure to a substance, and may
include any other injury or illness prescribed by the regulations.
"worker" means any person employed, whether directly or through any
other person, for wages, to do any skilled or unskilled, professional, technical,
clerical, manual or other work, or in connection with the affairs of an
establishment under any contract of service or apprenticeship, whether written or
oral, express or implied and includes such a person when laid off or terminated;
retrenched; dismissed and or removed from employment, for the purpose of
recovery of dues under this Act, and includes any person or class of persons
which the government may specify by notification in official gazette, but does not
include,-
(xlvi)
(a)
a person employed in the federal government or the provincial
Governments, District Government or Armed forces;
(b)
a member of the employer's family; that is to say the husband or wife and
dependent children of the employer
"workplace" or "place of work" mean any premises where work is Carried
out, by one or more persons and includes premises used for the storage of tools,
machinery, equipment or substance;
(xlvii)
A person is in a place of work whenever and wherever the person perform work,
including a place that:
(a)
the person moves through; or
(b)
itself moves.
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(xlviii)
(a)
(b)
"Volunteer"means a person who(i)
does not expect to be rewarded for work to be performed as a
volunteer; and
(ii)
receives no reward for work performed as a volunteer; and
does not include a person who is in a place of work for the purpose of
receiving on the job training or gaining work experience;
4. Establishment of Pakistan National OHS Council –
(1) The Federal Government shall, by notification in the official Gazette, establish a Council
to be known as the Pakistan National OHS Council consisting of—
i. Prime Minister or such other person as the Prime Minister may
nominate in this behalf.
Chairperson
ii. Minister in charge of the Ministry or Division dealing with the
OHS
Vice
Chairperson
iii. Chief Ministers of the Provinces or such other person as the Chief
Minister may nominate in this behalf.
Members
iv. Prime Minster of Azad Jammu & Kashmir or such other person
as the Chief Minister may nominate in this behalf
Member
v. Chief Minister of Gilgit & Baltistan or such other person as the
Chief Minister may nominate in this behalf
Member
vi. Representatives of Professional organizations including Pakistan
Engineering Council (PEC), Engineering Development Board &
NESPAK
Members
vii. Such other persons not exceeding thirty as the federal
Government may appoint, of which at least twenty shall be nonofficials including representatives of the Chambers of Commerce
and Industry, employer and employee associations, Medical
professionals, Legal professions, Trade unions, non-governmental
professional organizations in OHS, Engineers, Scientists,
Technical experts, Educationists
Members
(2) The Members of the Council, other than ex-officio members, shall be appointed in
accordance with the prescribed procedure and shall hold office for a term of three years.
(3) The Council shall frame its own rules of procedure.
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(4) The Council shall hold meetings, as and when necessary, but not less than two meetings,
shall be held in a year.
(5) The Council may constitute committees of its members and entrust them with such
functions as it may deem fit, and the recommendations of the committees shall be
submitted to the Council for approval.
(6) The Council, or any of its committees, may invite any technical expert or representative
of any Government Agency or non-governmental organization or other person possessing
specialized knowledge of any subject for assistance in performance of its functions.
5. Functions and powers of the Council: —
(1) The Council shall: —
(a) co-ordinate and supervise enforcement of the provisions of this Act; and
(b) approve comprehensive OHS policies and ensure their implementation within the
framework as may be approved by the Federal Government from time to time;
(c) approve the legislation, regulations, codes, standards and policies relevant to occupational
health, safety and welfare;
(d) to promote occupational health, safety and welfare within the broader community and to
build the capacity and engagement of the community with respect to occupational health, safety
and welfare; and
(e) to promote education and training with respect to occupational health, safety and welfare,
to develop, support, accredit, approve or promote courses or programs relating to occupational
health, safety or welfare, and to accredit, approve or recognize education providers in the field
of occupational health, safety and welfare; and
(f) co-ordinate integration of the principles and concerns of sustainable development into
national development plans and policies;
(g) consider the annual OHS report and give appropriate directions thereon;
6. Establishment of the National OHS Directorate: –
(1) The Federal Government shall, by notification in the official Gazette, establish the
National OHS Directorate to exercise the powers and perform the functions assigned to it under
this Act and the rules and regulations made thereunder.
(2) The N a t i o n a l OHS Directorate shall be headed by a Director-General who shall be
appointed by the Federal Government on such terms and conditions as it may determine.
(3) The N a t i o n a l OHS Directorate shall have such administrative, technical and legal staff,
as the Federal Government may specify, to be appointed in accordance with such procedure
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
as may be prescribed.
(4) The powers and functions of the National OHS Directorate shall be exercised and
performed by the Director-General.
(5) The Director-General may, by general or special order, delegate any of the powers and
functions to staff appointed under sub-section (3).
(6) For assisting the National OHS Directorate in the discharge of its functions the Federal
Government shall establish Advisory Committees for various sectors and appoint as
members thereof eminent representatives of the relevant sector, educational institutions,
research institutes and non- governmental organizations.
7. Functions of the National OHS Directorate:
(1) The National OHS Directorate shall—
(a) administer and implement this Act and the rules and regulations made;
(b) prepare, in co-ordination with the appropriate Government Agency and in
consultation with the concerned sectoral Advisory Committees, national OHS policies for
approval by the Council;
(c) take all necessary measures for the implementation of the national OHS policies
approved by the Council;
(d) prepare and publish an annual National OHS Report;
(e) prepare, establish and revise the National OHS Standards with approval of the Council:
Provided that before seeking approval of the Council, the Federal Agency shall publish the
proposed National OHS Standards for public opinion in accordance with the prescribed
procedure; and
(f) ensure enforcement of the National OHS Standards;
(g) co-ordinate OHS policies and program nationally and internationally;
(h) establish systems and procedures for prior risk assessment, monitoring, inspection and
audit, investigation and research to prevent and control accidental losses.
(i) take measures to promote research and the development of Engineering and Sciences
which may contribute to the prevention industrial accidents for sustainable development;
(j) certify OHS training providers and consultants for ensuring quality services delivered for
the purpose of this Act.
(j) identify the needs for and initiate OHS legislation in various sectors;
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(k) render advice and assistance in OHS matters including such information and data
available with it as may be required for carrying out the purposes of this Act:
(l) provide information and guidance to the public on OHS matters;
(m) recommend OHS courses, topics, literature and books for incorporation in the curricula
and syllabi of educational institutions;
(n) promote public education and awareness of OHS issues through mass media and
other means including seminars and workshops;
(o) specify safeguards for the prevention of accidents and disasters which may cause
deaths, injuries, disabilities and property damages.
(p) collaborate with the concerned person in the preparation of contingency plans for
control of such accidents and disasters, and co-ordinate implementation of such plans;
(q) encourage the formation and working of non-governmental organizations to prevent
accidents and promote sustainable development;
(r) perform any function which the Council may assign to it.
(2) The National OHS Directorate may —
(a) undertake inquiries or investigation into OHS issues, either of its own accord or
upon complaint from any person or organization;
(b) request any person to furnish any information or data relevant to its functions;
(c) initiate with the approval of the Federal Government, requests for foreign assistance in
support of the purposes of this Act and enter into arrangements with foreign agencies or
organizations for the exchange of material or information and participate in international
seminars or meetings;
(d) recommend to the Federal Government the adoption of financial and fiscal program,
schemes or measures for achieving OHS objectives and goals and the purposes of this Act,
including incentives, prizes awards, subsidies, tax exemptions, rebates and depreciation
allowances;
8. Powers of the N a t i o n a l OHS Directorate—Subject to the provisions of this Act, t h e
National OHS Directorate may—
(a) lease, purchase, acquire, own, hold, improve, use or otherwise deal in and with any
property both moveable and immovable;
(b) sell, convey, mortgage, pledge, exchange or otherwise dispose of its property and
assets;
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(c) fix and realize fees, rates and charges for rendering any service or providing any
facility, information or data under this Act or the rules and regulations;
(d) enter into contracts, execute instruments, incur liabilities and do all acts or things
necessary for proper management and conduct of its business;
(e) appoint with the approval of the Federal Government and in accordance with such
procedures as may be prescribed, such advisers, experts and consultants as it considers
necessary for the efficient performance of its functions on such terms and conditions as it may
deem fit;
(f) summon and enforce the attendance of any person and require him to supply any
information or document needed for the conduct of any enquiry or investigation
(g) enter and inspect and under the authority of a search warrant issued by the Labor Court
or Magistrate, search at any reasonable time, any land, building, premises, vehicle or
vessel or other place where or in which. there are reasonable grounds to believe that an
offence under this Act has been, or is being, committed;
(h) confiscate any article used in the commission of the offence where the offender is not
known or cannot be found within a reasonable time:
Provided that the power under clauses (f), (g) and (h) shall be exercised in accordance with
the provisions of the Code of Criminal Procedure(Amendment) 2011 or the rules made under
this Act and under the direction of the Labor Court or Magistrate; and
(i) establish a National OHS Co-ordination Committee comprising the Director-General
as its chairman and the Director Generals of the Provincial OHS directorates and such other
persons as the Federal Government may appoint as its members to exercise such powers and
perform such functions as may be delegated or assigned to it by the Federal Government for
carrying out the purposes of this Act and for ensuring inter provincial co-ordination in OHS
policies.
9. Establishment, powers and functions of the Provincial OHS Directorate. — (1) Every
Provincial Government shall, by notification in the official Gazette, establish an OHS
Directorate, to exercise such powers and perform such functions as may be delegated to it
by the Provincial Government under sub-section (2) of section 21.
(2) The Provincial directorate shall be headed by a Director-General who shall be appointed
by the Provincial Government on such terms and conditions as it may determine.
(3) The Provincial directorate shall have such administrative, technical and legal staff as the
Provincial Government may specify, to be appointed in accordance with such procedure as
may be prescribed.
(4) The powers and functions of the Provincial directorate shall be exercised and performed
by the Director-General.
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(5) The Director General may, by general or special order, delegate any of the powers and
functions to staff appointed under sub-section (3).
(6) For assistance of the Provincial directorate in the discharge of its functions, the
Provincial Government shall establish Sectoral Advisory Committees for various sectors and
appoint members from amongst eminent representatives of the relevant sector, educational
institutions, research institutes and non- governmental organizations.
10. Duties
(a) Each employer –
(1) shall furnish to each of his employee, employment and a place of employment
which are free from recognized hazards that are causing or are likely to cause death or
serious physical harm to his employees;
(2) shall comply with occupational health and safety rules, regulations and standards
promulgated under this Act.
(b)Each employee / worker –
(1) shall comply with occupational safety and health rules, regulations and standards
and orders issued pursuant to this Act which are applicable to his own actions and
conduct.
11. Penalties. — (1) Whoever contravenes or fails to comply with the provisions of sections
10 or any order issued thereunder shall be punishable with fine which may extend to five
million rupees for the organization and five hundred thousand rupees for an individual person,
(2) Where an accused has been convicted of an offence under sub-sections (1), the Labor
Court and Magistrate, as the case may be, shall, in passing sentence, take into account the
extent and duration of the contravention or failure constituting the offence and the attendant
circumstances.
(3) Where an accused has been convicted of an offence under sub-section (1) and the
Labor Court is satisfied that as a result of the commission of the offence, monetary
benefits have accrued to the offender, the Labor Court may order the offender to pay, in
addition to the fines under sub-section (1)
(4) Where a person convicted under sub-sections (1) had been previously convicted for any
contravention under this Act, the Labor Court or, as the case may be, Labor Magistrate may,
in addition to the punishment awarded thereunder—
(a) endorse a copy of the order of conviction to the concerned trade or industrial association,
if any, or the concerned Provincial Chamber of Commerce and Industry or the Federation of
Pakistan Chambers of Commerce and Industry;
(b) sentence him to imprisonment for a term which may extend to two years;
(c) order the closure of the factory/business/activity;
(d) order confiscation of the factory, machinery, and equipment, vehicle, material or
substance, record or document or other object used or involved in contravention of the
provisions of the Act:
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
Provided that for a period of three years from the date of commencement of this Act the
sentence of imprisonment shall be passed only in respect of persons who have been
previously convicted for more than once for any contravention of section 10.
(e) order that such sum be paid to any person as compensation for any loss, bodily
injury, damage to his health or property suffered by such contravention.
(5) The Director-General of the Federal Agency or of a Provincial Agency or an officer
generally or specially authorized by him in this behalf may, on the application of the
accused compound an offence under this Act with the permission of the OHS Tribunals or
Magistrate in accordance with such procedure as may be prescribed.
(6) Where the Director-General of the Federal Agency or of a Provincial Agency is of the
opinion that a person has contravened any provision of Act he may, subject to the rules, by
notice in writing to that person require him to pay to the Federal Agency or, as the case may
be, Provincial Agency an administrative penalty in the amount set out in the notice; and a
person who pays an administrative penalty for a contravention shall not be charged under this
Act with an offence in respect of such contravention.
(7) The provisions of sub-sections (5) and (6) shall not apply to a person who has been
previously convicted of offence or who has compounded an offence under this Act who has
paid an administrative penalty for a contravention of any provision of this Act.
12. Offences by corporate bodies.— ( 1 ) Where any contravention of this Act has been
committed by a corporate body, and it is proved that such offence has been committed with
the consent or connivance of, or is attributed to any negligence on the part of, any director,
partner, manager, secretary or other Officer of the corporate body, such director, partner,
manager, secretary or other officer of the corporate body, shall be deemed guilty of such
contravention along with the body corporate and shall be punished accordingly:
Provided that in the case of a company as defined under the Companies Act, 2017, only the
Chief Executive as defined in the said Act shall be liable under this section.
Explanation. — For the purposes of this section, " corporate body " includes a firm,
association of persons and a society registered under the Societies Registration Act, 1860
(XXI of 1860), or under the Co-operative Societies Act, 1925 (VII of 1925).
13. Offences by Government Agencies, local authorities or local councils.—Where any
contravention of this Act has been committed by any Government Agency, local authority or
local council, and it is proved that such contravention has been committed with the consent or
connivance of, or is attributable to any negligence on the part of, the Head or any other officer of
the Government Agency, local authority or local council, such Head or other officer shall also be
deemed guilty of such contravention along with the Government Agency, local authority or local
council and shall be liable to be proceeded against and punished accordingly.
14. OHS Tribunals — (1) The Government may, by notification in the official gazette,
establish as many OHS Tribunals as it consider necessary and, where it establishes more than
one OHS Tribunals, it shall specify territorial limits within which, or the class of cases in
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
respect of which, each one of them shall exercise jurisdiction under this Act.
(2) An OHS Tribunal shall consist of a Chairperson who is, or has been, or is qualified for
appointment as, a judge of the High Court to be appointed after consultation with the Chief
Justice of the High Court and two members to be appointed by the Federal Government of
which at least one shall be a technical member with suitable professional qualifications and
experience; in the OHS field as may be prescribed.
(3) For every sitting of the OHS Tribunal, the presence of the Chairperson and not less
than one Member shall be necessary.
(4) A decision of an OHS Tribunal shall be expressed in terms of the opinion of the majority
of its members, including the Chairperson, or if the case has been decided by the Chairperson
and only one of the members and a there is a difference of opinion between them, the
decision of the OHS Tribunal shall be expressed in terms of the opinion of the Chairperson.
(5) An OHS Tribunal shall not, merely be reason of a change in its composition, or the
absence of any member from any sitting, be bound to recall and rehear any witness who
has given evidence, and may act on the evidence already recorded by, or produced,
before it.
(6) An OHS Tribunal may hold its sittings at such places within its territorial jurisdiction as
the Chairperson may decide.
(7) No act or proceeding of an OHS Tribunal shall be invalid by reason only of the existence
of a vacancy in, or defect in the constitution, of the OHS Tribunal.
(8) The terms and conditions of service of the Chairperson and members of the OHS
Tribunal
shall
be
such
as
may
be
prescribed.
15. Jurisdiction and powers of OHS Tribunals— (1) An OHS Tribunal shall exercise
such powers and perform such functions as are, or may be, conferred upon or assigned to
it by or under this Act or the rules and regulations made thereunder.
(2) All contravention punishable shall exclusively be triable by an OHS Tribunal.
(3) An OHS Tribunal shall not take cognizance of any offence triable under sub-section (2)
except on a complaint in writing by:(a) the Federal Agency or any Government Agency or local council; and
(b) any aggrieved person, who has given notice of not less than thirty days to the
Federal Agency, or the Provincial Agency concerned, of the alleged contravention and of his
intention to make a complaint to the OHS Tribunal.
(4) In exercise of its criminal jurisdiction, the OHS Tribunals shall have the same powers
as are vested in Court of Session under the Code of Criminal Procedure (amendment), Act
2011.
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(5) In exercise of the appellate jurisdiction under section 15, the OHS Tribunals shall have the
same powers and shall follow the same procedure as an appellate court in the Code of Civil
Procedure, 1908 (Act V of 1908).
(6) In all matters with respect to which no procedure has been provided for in this Act, the
OHS Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908
(Act V of 1908).
(7) An OHS Tribunal may, on application filed by any officer duly authorized in this behalf
by the Director-General of the Federal Agency or of Provincial Agency, issue bailable
warrant for the arrest of any person against whom reasonable suspicion exist, of his having
been involved in contravention punishable under Section 10
(8) Provided that such warrant shall be applied for, issued, and executed in accordance with
the provisions of the Code of Criminal Procedure (amendment), Act 2011.
Provided further that if the person arrested executes a bond with sufficient sureties in
accordance with the endorsement on the warrant he shall be released from custody, failing
which he shall be taken or sent without delay to the officer in-charge of the nearest police
station.
(9) All proceedings before the OHS Tribunal shall be deemed to be judicial proceedings
within the meaning of section 193 and 228 of the Pakistan Penal Code (Act XLV of 1860),
and the OHS Tribunal shall be deemed to be a court for the purpose of section 480 and 482
of the Code of Criminal Procedure (amendment), Act 2011.
(10) No court other than an OHS Tribunal shall have or exercise any jurisdiction with respect
to any matter to which the jurisdiction of an OHS Tribunal extends under this Act, the rules
and regulations made thereunder.
(11) Where the OHS Tribunal is satisfied that a complaint made to it under sub-section
(3) is false and vexatious to the knowledge of the complainant, it may, by an order, direct the
complainant to pay to the person complained against such compensatory costs which may
extend to five hundred thousand rupees.
16. Appeals to the OHS Tribunal.—(1) Any person aggrieved by any order or direction of
the Federal Agency or any Provincial Agency under any provision of this Act, and rules or
regulations may prefer an appeal with the OHS Tribunal within thirty days of the date of
communication of the impugned order or direction to such person.
(2) An appeal to the OHS Tribunal shall be in such form, contain such particulars and be
accompanied by such fees as may be prescribed.
17. Appeals from orders of the OHS Tribunal.---(l) Any person aggrieved by any final
order or by any sentence of the OHS Tribunal passed under this Act may, within thirty days
of communication of such order or sentence, prefer an appeal to the High Court.
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
(2) An appeal under sub-section (l) shall be heard by a Bench of not less than two
Judges.
18. Jurisdiction of OHS Magistrates.—(l) Notwithstanding anything contained in the Code
of Code of Criminal Procedure (amendment), Act 2011, or any other law for the time being
in force, but subject to the provisions of this Act, all contravention punishable under subsection (2) of section 17 shall exclusively be triable by a judicial Magistrate of the first class
as OHS Magistrate especially empowered in this behalf by the High Court.
(2) An OHS Magistrate shall be competent to impose any punishment specified in subsections (2) of section 17.
(3) An OHS Magistrate shall not take cognizance of an offence triable under sub-section (I)
except on a complaint in writing by—
(a) the Federal Agency, Provincial Agency, or Government Agency or a local council;
(b) any aggrieved person.
19. Appeals from orders of OHS Magistrates.—Any person convicted of any
contravention of this Act or the rules or regulations by an OHS Magistrate may, within thirty
days from the date of his conviction, appeal to the Court of Sessions whose decision thereon
shall be final.
20. Power to delegate.—(1) The Federal Government may, by notification in the official
Gazette, delegate any of its or of the Federal Agency's powers and functions under this Act
and the rules and regulations to any Government Agency, council or authority.
(2) The Provincial Government may, by notification in the official Gazette, delegate any of
its or of the Provincial Agency's powers or functions under this Act and the rules and
regulations to any Government Agency of such Provincial Government or any local
council or local authority in the Province.
21. Power to give directions.—In the performance of their functions under this Act(a) the Federal Agency shall be bound by the directions given to them in writing by the
Federal Government; and
(b) a Provincial Agency shall be bound by the directions given to it in writing by the
Provincial Government.
22. Indemnity.—No suit, prosecution or other legal proceedings shall lie against the
Federal or Provincial Governments, the Council, the Federal Agency or Provincial Agencies,
the Director-Generals of the Federal Agency and the Provincial Agency, members, officers,
employees, experts, advisers, committees or consultants of the Federal or Provincial Agencies
or the OHS Tribunal or Magistrates or any other person for anything which is in good faith
done or intended to be done under this Act or the rules or regulations made thereunder.
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23. Dues recoverable as arrears of land revenue.—Any dues recoverable by the Federal
Agency or Provincial Agency under this Act, or the rules or regulations shall be recoverable
as arrears of land revenue.
24. Act to override other laws.—The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time
being in force.
25. Power to make rules. —The Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Act including implementing the provisions of
the international OHS Agreements, specified in the Schedule to this Act.
26. Power to amend the Schedule. The Government may, by notification in the official
Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry
therein.
27. Power to make regulations and standards ---(1) For carrying out the purposes of this
Act, the Federal Agency may, by notification in the official Gazette and with the approval of
the Government, make regulations and standards consistent with the provisions of this Act or
the rules made thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations
and standards may provide for—
(a) submission of periodical reports, data or information by any Government agency,
authority or council in respect of OHS matters;
(b) preparation of emergency contingency plans for coping with hazards and impacts caused
by accidents, natural disasters and calamities;
(c) appointment of officers, advisers, experts, consultants and employees;
(d) levy of fees, rates and charges in respect of services rendered, actions taken and
schemes implemented;
(e) monitoring and measurement;
(f) laying down of guidelines for preparation of risk assessment and development of
procedures for their filing, review and approval;
(g) providing procedures for handling hazardous substances; and
28. Repeal, savings and succession— OHS part of the following acts may be deleted to
avoid duplication that might create misunderstanding.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
the Mines Act 1923
the Factories Act 1934
the Boilers Act 1923
the Explosives Act 1884
the Petroleum Act 1934
the Dock Laborers Act 1934
the Workmen Compensation Act 1923
the Boilers and Pressure Vessels Ordinance 2002
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(i)
(j)
(k)
the Employers’ Liability Act, 1938
National Highways Safety Ordinance, 2000
any other Act brought within the ambit of this Act
(2) Notwithstanding the repeal of any acts, rules or regulations or appointments made, orders
passed, notifications issued, powers delegated, contracts entered into, proceedings
commenced, rights acquired liabilities incurred, penalties, rates, fees or charges levied, things
done or action taken under any provisions of that Ordinance shall, so far as they are not
inconsistent with the provisions of this Act be deemed to have been made, passed, issued,
delegated, entered into, commenced, acquired, incurred, levied, done or taken under this Act.
(3) On the establishment of the Federal Agency and Provincial Agencies under this Act, all
properties, assets and liabilities pertaining to the Federal Agency and Provincial Agencies
established under repealed acts shall vest in and be the properties, assets and liabilities, as
the case may be, of the Federal Agency and Provincial Agency established under this Act.
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Developed by: Pakistan Chapter of the American Society of Safety Engineers
SCHEDULE
The Labor Policy 2010 – Government of Pakistan
The Labor Policy 2010 addresses the importance of OHS legislation in Pakistan in following
clauses:
1. Labor Laws relating to occupational safety and health will be consolidated and rationalized to
avoid overlapping and inconsistencies. See clause 7
2. Government shall enact suitable legislation to ensure health and safety of construction
workers. See clause 25
3. A Tripartite Council on Health and Safety be set-up to identify health and safety hazards for
workers of all economic sectors and to make recommendations for safety measures on a
continuous basis. See clause 31
The Government of Pakistan is obliged for the ratification, implementation and enforcement of
all relevant Conventions and Recommendations of International Labor Organization (ILO). OHS
is an integral part of ILO’s Decent Work Initiative.
ILO conventions:
1. Occupational Safety and Health Convention, 1981 (No. 155)
Addresses Tri-Partism, Prevention, Continuous improvement, Systems approach,
Responsibilities, duties and rights to ensure protection
2. Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
Addresses OSH Policy, Management System and Program to promote a preventative safety
and health culture and take active steps towards achieving progressively a safe and healthy
working environment by taking into account the principles set out in relevant ILO
instruments.
ILO Instruments:
1. Global Strategy on Occupational Safety and Health, ILO, 2003 and C187, 2006
2. Safety and Health in Construction Convention, 1988 (No. 167)
3. Safety and Health in Mines Convention, 1995 (No. 176)
4. Prevention of Major Industrial Accidents Convention, 1993 (No. 174)
5. Labor Inspection Convention, 1947 (No 81)
Addresses Objective and scope of Labor Inspection, principal functions, structure,
collaboration, recruitment criteria, duties and accompanying powers, rights;
6. Labor Inspection (Agriculture) Convention, 1969 (No 129)
United Nations:
17 Sustainable Development Goals with specific target on OSH
8 Millennium Development Goals (MDGs)
Group 20 Countries:
G 20 Summit 2014 has placed OSH on the agenda
Pakistan:
Pakistan Vision 2025 (Sustainability)
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Developed by: Pakistan Chapter of the American Society of Safety Engineers